Learn about the laws, penalties and civil consequences of a shoplifting charge in South Carolina. Find out if you can avoid a conviction and criminal record.

Talk to a Criminal Defense Lawyer

Shoplifting in South Carolina is a
crime with serious penalties, including potential fines and jail time. In
addition to facing criminal penalties, shoplifters can be sued by merchants in
civil court to recover damages.

South
Carolina Shoplifting Laws

Shoplifting is broadly defined in South
Carolina. Shoplifting can be committed by engaging in actions including taking
merchandise from a store, altering or removing price tags, or transferring
merchandise to a different container, with the intention of depriving the
merchant, and without paying full retail value. Under South Carolina law, a
person who conceals unpurchased merchandise can be presumed to intend to
shoplift the merchandise.

Shoplifters face criminal penalties,
including jail time and fines, as well as civil lawsuits by the victimized merchants
to recover damages. Criminal and civil penalties are described below.

South
Carolina Shoplifting Criminal Penalties

Charge

Classification

Penalty

Shoplifting merchandise valued at
$2,000 or less

Misdemeanor under 16-13-110(B)(1)

Trial in municipal or magistrates
court, fine of up to $1,000 and/or up to 30 days of jail time

Shoplifting merchandise valued at more
than $2,000 and less than $10,000

Felony under 16-13-110(B)(2)

Fine of up to $1,000 and/or up to five
years of jail time

Shoplifting merchandise valued at
$10,000 or more

Felony under 16-13-110(B)(3)

Jail time of up to 10 years

Civil
Penalties

Adult
and emancipated minor shoplifters (and in some cases the custodial parents or
guardians of emancipated minor shoplifters) can be sued in civil court by victimized
merchants. The merchants are entitled to the retail price of the merchandise,
if not recovered in sellable condition (up to $1,500), plus a penalty equaling $150
or the greater of three times the retail price (up to $500).

Pretrial
Intervention and Plea Bargaining

Pretrial intervention and diversion programs
in South Carolina allow certain individuals accused of first-time and low-level
crimes to avoid prosecution. If an accused completes the program requirements,
which may include activities such as performing community services and making
restitution, the criminal charges will be dismissed.

Accused individuals who are not
eligible for pretrial intervention and diversion programs may be able to
arrange a plea bargain with the prosecutor assigned to their case. Plea
bargains typically involve pleading guilty in exchange for lesser charges or
sentencing. The opportunity to arrange a plea bargain is at the discretion of
the prosecutor.

Getting
Legal Help

If you have been accused of shoplifting in South
Carolina, you should strongly consider getting legal help. Shoplifting can have
serious consequences and a conviction could mean jail time and a lifetime
criminal record. A qualified criminal attorney can help you to minimize these
consequences and explore possible options such as pursing a pretrial
intervention program, raising defenses, or negotiating a plea bargain.